The European Commission is ramping up pressure on tech companies to more aggressively use automated filtering to scrub “illegal” content from the internet, a move that is drawing criticism from some lawyers and free speech activists in Silicon Valley.

E-discovery professionals and litigators need to think differently about digital evidence, says Scott Reents. "The bigger story is that there is all this information out there, and we're drowning in it."

The existence of the attorney-client relationship is often a necessary predicate to any potential claim of error or malpractice. Defining the parameters of the attorney-client relationship helps shape the course of the representation but also may assist with the management of risk. Because attorneys typically only ever have to defend a claim for malpractice or breach of fiduciary duty by a client, knowing who is (and who is not) a client is a basic yet powerful risk avoidance tool.